Beyond Pesticides/National Coalition Against the Misuse of Pesticides
701 E Street, SE, Washington DC 20003
202-543-5450 (phone), 202-543-4791 (fax)
Contact: Jay Feldman
202-543-5450, [email protected]
July 22, 2002
Pesticides Petitions EPA to Send Billions of Board Feet of Arsenic-Treated
to Hazardous Waste Landfills
A national environmental group today petitioned the Environmental Protection Agency to stop the disposal of billions of board feet of arsenic-treated wood with ordinary community waste and require that it be sent to hazardous waste landfills. Beyond Pesticides, a Washington-based environmental and public health group, told EPA that the waste should be treated as hazardous and disposed in lined landfills to prevent leaching of arsenic.
The disposal of arsenical-treated wood with ordinary community waste, allowed under the current exclusion from hazardous waste regulation, constitutes an warranted public health and environmental threat and is in violation of the agencys standards, according to Jay Feldman, executive director of Beyond Pesticides.
The petition, filed under the Resource Conservation and Recovery Act (RCRA), cites the failure of EPA to regulate arsenic in accordance with its own hazardous waste regulations. The wood fails EPAs Toxicity Characteristic Leaching Procedure (TCLP), intended to simulate conditions in a landfill. The petition urges the agency to reverse a twenty-two year old exemption of arsenic-treated wood and wood products that was promulgated as a temporary exclusion. The petition says, The rule was promulgated in violation of the Administrative Procedure Acts notice and comment requirements. Even assuming that the rule was valid for a short-term temporary exemption from RCRA, it certainly cannot legally support the permanent exemption from RCRA regulation is has become.
EPA entered into an agreement with the manufacturers of arsenic-treated wood February 12, 2002 that began a two-year phase-out of some uses of the treated wood. Beyond Pesticides and over a dozen other organizations have previously petitioned to ban all the heavy duty wood preservatives, filing a formal petition in December, 2001 to ban chromated copper arsenate (CCA) and pentachlorophenol, and then filing another petition to ban creosote in February, 2002. The groups maintain that the hazards of continued use are too great and safer alternative products and materials are now widely available in the marketplace.
The petition filed today challenges arsenic-treated woods exemption from the hazardous waste classification, and points to mounting evidence of improper disposal and a dramatic increase of arsenic-treated wood entering the waste stream. Annually, over 138 million pounds of CCA are used to treat approximately 5.4 billion board feet of lumber, timbers, utility poles and other products, according to recent figures.
information, see the wood preservatives page.